Annie Rolfe’s Answers

Divorced / have not been with my husband since 1997. He has refused giving me a divorce. I relocated to a different state right

after we separated. After this many years can I consider myself divorced or do I have to go through the whole court battle?

Annie’s Answer

July 27, 2012 6:49pm

You have to go through the whole court battle. Depending on where you live, you may be able to obtain a default divorce if he refuses to participate in the process (I know one is available in AZ, I don't know about TN). A default dissolution is generally painless and just requires you to submit to the waiting period and hope that he doesn't oppose the divorce. You would be best served talking to a local attorney and exploring your options. In addition, you may consider looking into the laws where he lives, as you may want to file there if the laws that apply to your case are more generous. Good luck!

Is there any way i can collect my child support for my kids without going to court?? Can they just garnished from his wages?

i have seperated from my kids dad April 2011. My parents had helped pay for my kids all year.Since he did leave me with nothing. this years taxes have came around and he jumped to claim them even though he didnt pay a dime since April. WE WERE NEV...

Annie’s Answer

April 1, 2012 4:13am

I agree with my colleague. You must first have an Order from the Court. Another important note, you can request that child support be effective from the date of your separation from your children's father, up to three years, so don't feel as though the last year is lost.

My wife filed for divorce on feb 21st, 2012 but has not gone forward with it, her family wont let me speak to her, what do i do

family members are getting in the way of my wife and I talking, we got behind in house payments, and they told her they would help her only if she divorced me. so she filed, we have been together for 19 years but married only 6 years, what should ...

Annie’s Answer

April 1, 2012 3:59am

I think that you need to decide what you want.

If you want to stay married and she does not serve you, then the case will be automatically dismissed over time. You could also file a Petition for Conciliation in order to require her to attend marital counseling with you.

If you no longer wish to be married, then you could file a Response to the Petition, even though she has not served you, and the effect is the same. The benefit of this course is that you can ask the court to enter orders regarding the home, your personal belongings, and the like. The downside, potentially, is that you will be headed towards a divorce.

In the meantime, you could also look at what exactly is preventing you from entering your home and getting your belongings. Is there a court order preventing you from entering your home? If not, then you may want to consider your options. Again, you could discuss it with your wife in conciliation. In the immediate future, you can see if your local police or sheriff would consider a keep the peace call in order to allow you to at least retrieve some clothing. There are risks to you no matter what your choice, so I would suggest consulting with an attorney in order to explore your options.

How can affect my kids with my new wife if my ex wants child support?

I have a parenting time with my ex, we have 2 kids and half time each, but i remarried and i have 2 little kids, my ex wants child support how can that affect my new family and how child support is been calculated?

Annie’s Answer

April 1, 2012 3:44am

Child support is relatively formulaic in Arizona. Check out my colleague's link to the AZ Child Support Guidelines and that should give you a good idea of what will be expected. Be sure to check the 2011 Guidelines (the website gives you the option of 2011 or 2006) and be sure to select "equal parenting time," if that's the case.

Your question also implies a number of other FAQs I often hear: 1. Will your spouse's income affect your child support? If you are working full-time, then likely no. 2. Will you receive a break for your children with your new spouse? If they are your children, then yes. If they are step-children, then no. Of course, there are exceptions to every rule, so consult with an attorney about the specific facts in your case.

Changing primary custody agreements 4 years after divorce.

4 years ago. My ex and I filed divorce. We have an eight year old daughter together and since I was living in an apartment and didn't know where I was going to end up in life, we agreed he would have primary residents of our daughter. Since then m...

Annie’s Answer

March 29, 2012 3:48am

If you want the court to change your daughter's primary residence, then you are asking for a modification of physical custody. If you want to make changes without going to court, you should consider mediation. If mediation doesn't work, then you should consider filing a modification of custody pursuant to ARS section 25-411. There are a number of factors, pursuant to statute, that the court will need to consider when making its decision, including what is in your daughter's best interest. You will also need to consult your local rules of court. This can be a complicated matter and you should consult with an attorney.

How to get custody of my child who lives out of state.

She lives with her mother in MA. I live in AZ.
Her mother will not allow her to come see me, because of my new wife and our child. My daughter in an unstable environment. She is crying every time I call, always in time out, and getting into tr...

Annie’s Answer

March 28, 2012 9:49pm

I agree with much of what the other attorney mentioned. However, another big question is, "where were your initial child custody orders entered?" If in AZ, then AZ retains continuing and exclusive jurisdiction. There is no guarantee that AZ won't release jurisdiction in the future, but that may be one way to get the matter heard quickly. Jurisdiction issues are complicated and fact-intensive. I would highly recommend speaking to an attorney.

What is considered while determining amounts for child support?

I have read several booklets here in AZ regarding this matter but none seem to be specific, or atleast to be at my understanding as to what is considered. My Fiance pays child support for his two year old son. He will be filing for a modification ...

Annie’s Answer

January 29, 2012 3:51am

Child support is based (in part) on the earnings and earning capacity of the parents in question. Bills (mortgages, loans, etc.) are not considered as public policy dictates that your primary responsibility is to your children. Your earnings should not be considered towards your fiance's child support UNLESS your fiance is working below her full earning capacity as a result of her relationship with you (ie. she stays home with your new baby and you work to support her and the child). In that case, the court will likely attribute her with her full-time earnings for determining child support.

Does my wifes trustfund effect the child support calculation in AZ.

My wife and I have been separated for 7yrs now. She has now decided to file for divorce. She works pt as a teachers aid because she received a trust fund from her grandparents. Will the courts take her trust fund into consideration when they calcu...

Annie’s Answer

January 29, 2012 3:38am

The Arizona Child Support Guidelines suggest that the courts consider "trust income" when determining each parent's gross monthly income. If your ex is relying on her trust income and, because of that income, she is not working at her full earning capacity, then it is likely that the court will consider her trust income at least up to an amount consistent with what she would have earned if she was working at her full capacity. Whether or not the court considers any amount above her full earning capacity depends on whether or not the additional trust income was historically earned and whether or not it can be reasonably expected to continue.

How do I get my parent agreement revised

I need to get my parent agreement that my ex and I agreed to through a mediator over a year ago revised. How do I do that? Do I have to go through the courts or just make a time with a mediator? What if my ex won't agree to get it changed?

Annie’s Answer

October 15, 2011 4:37am

The first question is whether you and your ex can reach an agreement. If you agree, you can modify your agreement yourselves or through a mediator. It would be best for such an agreement to be in writing.

If you cannot reach an agreement, then you will need to seek court intervention. The type of motion that you need to file depends on what you want to accomplish. You may need to file either a Petition for Modification of Custody or a Petition for Modification of Parenting Time. You will want to check Arizona Revised Statutes title 25 section 411 and your local rules before you file.

In Pima County, you are required to attend mediation prior to attending a non-emergency hearing on custody or parenting time. You will want to see if Maricopa County has a similar requirement.